Academic

Epstein & Hills on Takings at Prawfs

By Lawrence Solum

Richard Epstein has a post entitled Takings, A Second Time on Prawfs with comments by Rick Hill.  A taste from Epstein:

There is a sneaky character of great constitutional provisions. The shorter they are, and the more common their language, the more difficult the task of their interpretation. Private property, for example, is not just a two-word phrase, but it represents an entire world view, which necessarily needs to be distilled from sources external to the text. Takings, public use and just compensation are also terms that come easily off the tongue, but are hard to explicate in any coherent fashion. In the next few blog posts I shall work through some of the key arguments on these issues. But for the moment, I will just note that I am quite proud that my own views leave me outside the mainstream of both the political left and right.

Check it out.

Full post as published by Legal Theory Blog on March 19, 2008 (boomark / email).